If you’ve been involved in a car accident in Florida and are now faced with a lawsuit, it can be overwhelming. The stress of dealing with the aftermath of a crash, compounded with the possibility of a legal battle, can leave you unsure of how to proceed. The good news is that there are clear steps you can take to protect yourself.
This guide will explain what you should do if someone sues you after a car accident in Florida. An experienced car accident lawyer can help you navigate this difficult situation.
What Happens When Someone Sues Me After a Car Accident in Florida?
When you are sued after a car accident, it means the other party believes you are responsible for the accident and resulting damages. The individual who is suing you is likely seeking compensation for medical expenses, property damage, lost wages, pain and suffering, and possibly other related costs.
In Florida, if you are found liable for an accident, you may be responsible for paying these damages. It’s important to note that Florida operates under a no-fault insurance system. This means your own insurance covers your initial medical expenses, regardless of who is at fault.
However, in certain circumstances, such as when the injuries are severe or permanent, a lawsuit can still be filed. In these cases, the other party may sue for additional damages beyond what your insurance covers.
Notify Your Insurance Company
As soon as you are notified that someone is suing you, the first thing to do is contact your insurance company. Florida law requires all drivers to carry personal injury protection (PIP) coverage. This covers medical expenses and other costs regardless of fault. While your PIP may cover some damages, a lawsuit can bring up issues that require more than just your PIP insurance.
Your insurance company will likely provide you with a defense lawyer. This attorney will represent you in the case, but it is still important to consult with an independent attorney to ensure your rights are fully protected. Your insurer may not always have your best interests at heart. This is especially true if the case escalates or there is a risk of exceeding the policy limits.
Contact an Experienced Car Accident Lawyer
Dealing with a lawsuit is complicated. It can be more difficult when you don’t have a clear understanding of Florida’s legal processes. Consulting with an experienced car accident lawyer is one of the most important steps you can take to defend yourself effectively.
A lawyer will:
- Help you understand your legal rights and options
- Investigate the details of your accident and determine liability
- Guide you through the legal process and prepare a defense strategy
- Handle communications with your insurance company, the plaintiff’s lawyer, and the court.
Florida law requires that your defense lawyer respond to the lawsuit within a certain period of time. If you fail to meet this deadline, it could result in a default judgment against you. An experienced attorney can ensure that the proper steps are taken to protect your interests.
Review the Lawsuit and Gather Evidence
Once the lawsuit has been filed, it’s essential to carefully review the complaint and understand the claims being made against you.
Your attorney will work with you to gather all relevant evidence, which may include:
- Police reports from the accident scene
- Medical records for injuries sustained by both parties
- Photos or videos from the accident
- Witness statements
- Any communications you had with the other party before or after the accident
This evidence will be critical in determining fault and shaping your legal strategy. In some cases, it may be necessary to hire experts to review the circumstances of the accident and provide testimony. Having strong evidence can make a significant difference in the outcome of the case.
Settlement Negotiations
In many car accident lawsuits, the parties involved will attempt to settle the case before it goes to trial. A settlement can save both sides time, money, and stress. Your attorney will negotiate with the other party’s lawyer to determine if a fair settlement can be reached.
Florida courts encourage settlement discussions. Many cases are resolved through negotiation or mediation rather than through a full trial. In a settlement, you might agree to pay a certain amount in damages without admitting fault or liability. Your lawyer will help you decide whether accepting a settlement is in your best interests or if it’s worth pursuing the case further.
Understand the Possibility of a Trial
If a settlement is not possible, your case may proceed to trial. In Florida, the legal process involves presenting evidence and arguments before a judge or jury. The judge and jury will determine the outcome. Only a small percentage of cases end up going to trial, but it is important to remain prepared.
Understand Florida’s Comparative Negligence Rule
Florida follows a comparative negligence rule. This means that if you are partially at fault for the accident, the amount of damages you owe can be reduced in proportion to your level of fault. This rule also allows you to file counterclaims against the plaintiff if you believe the plaintiff was actually at fault for the accident.
Your attorney will help you understand how this rule applies to your case. Your attorney’s job is to ensure you are not unfairly held liable for the accident.
Contact Our Car Accident Lawyers for a Free Consultation
If you are facing a lawsuit after a car accident in Florida, Mincone Personal Injury Lawyers is here to help. We understand the complexities of Florida car accident cases. We can guide you through each step of the legal process.
Whether you’re dealing with a claim involving minor damages or facing a full-blown lawsuit, our experienced car accident lawyers will provide the legal representation you need. Contact us today or call us at (813) 800-0810 for a free consultation. Learn how we can help you with your car accident case in Florida.
